Law Commons^™

Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff

Psychology Faculty Scholarship

We call for psychologists to expand their thinking on fair and just public safety by engaging with the “Abolition Democracy” framework that Du Bois (1935) articulated as the need to dissolve slavery while simultaneously taking affirmative steps to rid its toxic consequences from the body politic. Because the legacies of slavery continue to produce disparities in public safety in the U.S, both harming Black people and the institutions that could keep them safe, psychologists must take seriously questions of history and structure in addition to immediate situations. In the present article, we consider the state of knowledge regarding psychological processes …

Psychological Ways Of Expressing Appreciations, Experiences, Thanks And Blessings In The Society, Iwasan D. Kejawa Ed.D

Department of Educational Psychology: Faculty Publications

ABSTRACT: Research has shown that one of the avenues to make aware of once experiences, appreciations and blessings is through writing a gratitude journal or memoir. By journalizing our thought by hands or electronically, it may help us focus them, according to psychologist Robert Emmons, who says that he does this routinely to remind himself; it makes apple of time to understand the meaning and importance of people and events. It has been found that one should go for a depth in writing rather than breadth, because this will help one to enjoy what one appreciates, and what to keep …

The Common Sense Of Contract Formation, Tess Wilkinson-Ryan, David A. Hoffman

All Faculty Scholarship

What parties know and think they know about contract law affects their obligations under the law and their intuitive obligations toward one another. Drawing on a series of new experimental questionnaire studies, this Article makes two contributions.First, it lays out what information and beliefs ordinary individuals have about how to form contracts with one another. We find that the colloquial understanding of contract law is almost entirely focused on formalization rather than actual assent, though the modern doctrine of contract formation takes the opposite stance. The second Part of the Article tries to get at whether this misunderstanding matters. Is …

Empirical Desert, Individual Prevention, And Limiting Retributivism: A Reply, Paul H. Robinson, Joshua Samuel Barton, Matthew J. Lister

All Faculty Scholarship

A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and punishment rules reflect lay intuitions of justice – "empirical desert" – as a means of enhancing the system's moral …

Fictionalism About Folk Psychology, Daniel Hutto

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper argues that fictionalism about folk psychology, FaF, is ill motivated in any domain. It is argued that there is no advantage in trying to vindicate folk psychology by treating the constructs of classical cognitivism--namely, subpersonal mental representations--as useful fictions in contrast to serious scientific posits or as serving as the basis for philosophical explanations. Both scientific and philosophical considerations point to the conclusion that subpersonal representations of the sort that classical cognitivism posits should be eliminated, not preserved, by our best science of mind. Yet there is no need to assume that folk psychological explanations are subpersonally based. …

Psychology Unified: From Folk Psychology To Radical Enactivism, Daniel Hutto

Faculty of Law, Humanities and the Arts - Papers (Archive)

A properly radical enactivism—one that eschews the idea that all mentality is necessarily contentful and representational—has better prospects of unifying psychology than does traditional cognitivism. This paper offers a five-step argument in support of this claim. The first section advances the view that a principled way of characterizing psychology’s subject matter is what is required if it is to be regarded as a special science. In this light, section two examines why and how cognitivism continues to be regarded as the best potential unifier for the discipline. But the third section exposes a serious problem about the scope of cognitivism …

Manipulating Fate: Medical Innovations, Ethical Implications, Theatrical Illuminations, Karen H. Rothenberg, Lynn W. Bush

Faculty Scholarship

Transformative innovations in medicine and their ethical complexities create frequent confusion and misinterpretation that color the imagination. Placed in historical context, theatre provides a framework to reflect upon how the ethical, legal, and social implications of emerging technologies evolve over time and how attempts to control fate through medical science have shaped -- and been shaped by -- personal and professional relationships. The drama of these human interactions is powerful and has the potential to generate fear, create hope, transform identity, and inspire empathy -- a vivid source to observe the complex implications of translating research into clinical practice through …

Book Review: "Gustav Shpet’S Contribution To Philosophy And Cultural Theory", Francis J. Mootz Iii

Scholarly Works

The author reviews Gustav Shpet’s Contribution to Philosophy and Cultural Theory edited by Galin Tihanov. The volume provides a comprehensive introduction to the significance of the Russian philosopher Gustav Shpet (1879-1937) in the development of phenomenology, hermeneutics, semiotics, literary theory, psychology, and cultural criticism.

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy

Journal Articles

For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.

This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …

Law, Psychology & Morality, Kenworthey Bilz, Janice Nadler

Faculty Working Papers

In a democratic society, law is an important means to express, manipulate, and enforce moral codes. Demonstrating empirically that law can achieve moral goals is difficult. Nevertheless, public interest groups spend considerable energy and resources to change the law with the goal of changing not only morally-laden behaviors, but also morally-laden cognitions and emotions. Additionally, even when there is little reason to believe that a change in law will lead to changes in behavior or attitudes, groups see the law as a form of moral capital that they wish to own, to make a statement about society. Examples include gay …

Summary Of Resisting Novels By Lennard Davis - 2007, Wendy J. Gordon

Scholarship Chronologically

No abstract provided.

The Narrative Practice Hypothesis: Origins And Applications Of Folk Psychology, Daniel Hutto

Faculty of Law, Humanities and the Arts - Papers (Archive)

Psychologically normal adult humans make sense of intentional actions by trying to decide for which reason they were performed. This is a datum that requires our understanding. Although there have been interesting recent debates about how we should understand ‘reasons’, I will follow a long tradition and assume that, at a bare minimum, to act for a reason involves having appropriately interrelated beliefs and desires.

Review: Rethinking Commonsense Psychology: A Critique Of Folk Psychology, Theory Of Mind And Simulation, Daniel Hutto

Faculty of Law, Humanities and the Arts - Papers (Archive)

Ask nearly any analytic philosopher of mind how we understand intentional actions performed for reasons and you are bound to be told that we do so by deploying mental concepts, such as beliefs and desires, in systematic ways. This way of making sense of actions is known as commonsense or folk psychology (or CSP or FP for short). There have been many interesting debates about CSP over the years. These have focused on questions including: How fundamental and universal is this practice? Which species engage in it? What mechanisms underwrite the competence? How is the ability acquired? And, what exactly …

Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley

All Faculty Scholarship

This book reports empirical studies on 18 different areas of substantive criminal law in which the study results showing ordinary people’s judgments of justice are compared to the governing legal doctrine to highlight points of agreement and disagreement. The book also identifies trends and patterns in agreement and disagreement and discusses the implications for the formulation of criminal law. The chapters include:

Chapter 1. Community Views and the Criminal Law (Introduction; An Overview; Why Community Views Should Matter; Research Methods)

Chapter 2. Doctrines of Criminalization: What Conduct Should Be Criminal? (Objective Requirements of Attempt (Study 1); Creating a Criminal Risk …